[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43141-43143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17850]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Air Carrier Hazardous Materials Passenger Notification
Requirements: Acceptable Means of Compliance
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of public meeting and related information.
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SUMMARY: This notice is to advise interested persons that the Federal
Aviation Administration (FAA), in coordination with the Pipeline and
Hazardous Materials Safety Administration (PHMSA), will conduct a
public meeting to discuss Air Carrier Hazardous Materials Passenger
Notification Requirements and Acceptable Means of Compliance with 49
CFR 175.25. The public meeting, to be held on August 16th, 2012 in
Washington, DC, is intended to provide interested persons with an
opportunity to submit comments and participate in discussions
concerning the acceptability of various means of compliance with
federal hazardous materials regulations.
DATES: August 16th, 2012; from 1 p.m. to 4 p.m.
Meeting Location
Airlines for America, 1301 Pennsylvania Ave. NW., 11th Floor,
Washington, DC 20004.
Any person wishing to attend the public meeting (in person or via
telephone) should send an email to 9-AWA-ASH-ADG-HAZMAT@faa.gov with
the subject line ``Attendee Information for Passenger Notification
Meeting'' no later than the close of business on August 9th, 2012.
Please include the names and contact information (Organization/Email/
Address/Telephone Number) for any individuals planning to attend, and
indicate whether attendance will be in person or via telephone.
Providing this information will allow us to send you meeting documents
prior to the meeting, assist us in recordkeeping for the meeting,
facilitate the security screening process for entry into the building
on the day of the meeting, and ensure adequate seating space and
telephone conference lines for all attendees.
We are committed to providing equal access to this meeting for all
participants. If you need alternative formats or other reasonable
accommodations, please call (202) 385-4916 or email: 9-AWA-ASH-ADG-
HazMat@faa.gov with your request by the close of business on August 9,
2012.
Attendees will be required to check in with the security desk in
the building lobby, 1st floor. When they get to the 11th floor, a
receptionist will guide them to the meeting room.
Conference Call Information: Telephone conference capability will
be provided to allow participation from interested individuals who are
unable to attend the meeting in person. To join the telephone
conference, call (605) 475-3200 and enter passcode 981243.
Prior to the meeting, copies of documents for the Air Carrier
Hazardous Materials Passenger Notification Requirements Public Meeting
and the meeting agenda will be distributed by email to all individuals
who register as participants at the meeting.
Comment Submission: Stakeholders are encouraged to submit comments
prior to the August 16th, 2012 public meeting by emailing to 9-AWA-ASH-ADG-HAZMAT@faa.gov. Please mark submissions with the subject line
``Comments for Passenger Notification Public Meeting.'' After the
meeting, all comments received will be posted without change to the
following Web site, including any personal information: http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/aircarrier_info/.
FOR FURTHER INFORMATION CONTACT: Kenneth Miller, Federal Aviation
Administration, Office of Hazard Materials Safety (ADG-1), 800
Independence Ave. SW., Washington, DC 20591. Email:
kenneth.miller@faa.gov. Phone: 202-385-4916
SUPPLEMENTARY INFORMATION:
I. Background
49 CFR 175.25 defines requirements for notification at air
passenger facilities of hazardous materials restrictions. One primary
purpose for this rule is to enhance public safety awareness regarding
the carriage of hazardous materials onboard aircraft, either as carry-
on items or in checked baggage. Improved public safety awareness in
this area increases passenger compliance with applicable 49 CFR
requirements, thus enhancing overall aviation safety by reducing the
likelihood of inappropriate items being transported onboard aircraft.
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
amended 49 CFR 175.25 on January 19, 2011 (76 FR 3382). The amendments
included requirements for passenger notification during ticket purchase
and check-in. The amended rule has an effective date of January 1,
2013. While PHMSA has the primary responsibility for issuing 49 CFR
regulations, the FAA has primary responsibility for overseeing
compliance with these regulations as they pertain to air
transportation. PHMSA and the FAA have received numerous inquiries
regarding specific interpretations of the amended requirements and the
acceptability of certain means of compliance with the revised rules.
II. Purpose of Public Meeting
The FAA seeks to collaborate with the air passenger transportation
community in defining and implementing a
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standard means of compliance with the 49 CFR 175.25 requirements. FAA
envisions this collaboration occurring through the following process:
Step 1--Initial Public Meeting (the subject of this announcement,
discussed in detail below).
Step 2--FAA posting for public comment a draft advisory circular
describing one acceptable means of compliance with 49 CFR 175.25. This
means of compliance would be the recommended standard for compliance.
Step 3--FAA posting of a final advisory circular, including
dispositions to comments received on the draft advisory circular.
FAA, in coordination with PHMSA, is holding this public meeting to
provide an opportunity for all interested parties to comment on the
FAA's plan for collaboration with the air passenger transportation
community. This meeting is also intended to provide an opportunity for
all interested parties to provide input on the standard means of
compliance for 49 CFR 175.25.
The FAA and PHMSA also seeks input on the anticipated
implementation timeline for a standard means of compliance with 49 CFR
175.25 requirements, relative to the current effective date for
amendments to 49 CFR 175.25 adopted in 76 FR 3382. Stakeholders are
encouraged to submit questions, comments, recommendations, and other
input in advance. (Please see the Comment Submission section above.)
III. Clarification Questions Regarding 49 CFR 175.25
In preparation for this public meeting, the FAA and PHMSA are
providing responses below to questions regarding specific
interpretations of the 49 CFR 175.25 rule. The following questions were
submitted to the FAA by the Council on Safe Transportation of Hazardous
Materials (COSTHA).
Q1. Section 175.25(b)--Ticket Purchase: Is the intent of amendments
to this section adopted in the January 19, 2011 final rule (76 FR 3308;
PHMSA-2009-0126 (HM-215K)) to require a carrier to provide the
permitted and forbidden text or pictorials by Jan 1, 2012 and the
passenger acknowledgement provisions by Jan 1, 2013?
A1. While Sec. 175.25(b) took effect January 1, 2012, the
passenger acknowledgement portion of the rule is scheduled to take
effect January 1, 2013.
Q2. Is Ticket Purchase defined anywhere in the regulations within
or beyond the HMR? Not all passengers are issued tickets. For example,
does this section apply to non-revenue or employee travel?
A2. As defined in 14 CFR 241.03 and for the purpose of this
response, a non-revenue passenger means a person traveling free or
under token charges, except those expressly named in the definition of
revenue passenger; a person traveling at a fare or discount available
only to employees or authorized persons of air carriers or their agents
or only for travel on the business of the carriers; and an infant who
does not occupy a seat.
Section 175.25(b) notification requirements apply to ticketed
passengers only. However, non-revenue passengers, airline employees
traveling as passengers onboard, and other non-ticketed passengers
remain subject to requirements of the HMR, and actions by non-ticketed
passengers can affect the safety of an air carrier's operation. While
Sec. 175.25 does not define specific notification requirements for
non-ticketed passengers, the FAA and PHMSA solicit input on best
practices for notification of all passengers (ticketed and non-
ticketed) for inclusion in a future FAA advisory circular.
Q3. Do the requirements of Sec. 175.25 apply to third party travel
sites operated by travel agents and online travel retailers (Orbitz,
Expedia, Travelocity, etc.)? If so, is it the responsibility of the
carrier or the travel agent/retailer to provide the required passenger
notification? The International Civil Aviation Organization Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), at Part 8:1.1.3, states ``Any organization or
enterprise other than an operator (such as a travel agent) * * * should
provide passengers with information about the types of dangerous goods
* * *'' Thus, it appears the ICAO Technical Instructions places the
responsibility to notify passengers in these situations on the third
party provider, and not the carrier.
A3. The requirements of Sec. 175.25 apply to the aircraft
operator. The aircraft operator is responsible for ensuring that
passengers receive the notifications required by Sec. 175.25,
regardless of whether the ticket is purchased directly from the
aircraft operator or via a third party source. The aircraft operator
can meet its obligations by relying on the notifications provided to
the passenger by a third party, but the aircraft operator is ultimately
responsible for compliance with the rule. PHMSA and FAA solicit input
on best practice arrangements between aircraft operators and third
party travel organizations for inclusion in a future FAA advisory
circular on passenger notification.
Q4. In a situation where a customer purchases a ticket over the
phone (e.g., by calling a reservation center), what constitutes
compliance with the rule? Do PHMSA and FAA expect a verbal reading of
Sec. 175.25(a)(1) and (2), or would a simplified statement that guides
them to additional information (i.e., carrier Web site) suffice?
A4. A simplified statement may be acceptable, and may actually be
the preferred means of compliance. The FAA and PHMSA solicit input on
best practices for passenger notification via telephone for inclusion
in a future FAA advisory circular.
Q5. Is dual acknowledgement (at the time of ticket purchase--
paragraph (b), and time of check-in--paragraph (c)) intentional? If a
passenger acknowledges at the time of ticket purchase, could a record
of that acknowledgement also be used to meet the acknowledgement in
section Sec. 175.25(c)?
A5. The dual acknowledgement during ticket purchase and check-in is
intentional and required for compliance.
Q6. In a Rule 240 scenario where a passenger is re-accommodated on
another carrier due to canceled flights or other reasons, would a third
check-in acknowledgement be required?
A6. Although an aircraft operator may meet its obligations by
relying on notifications provided to the passenger by a third party,
the aircraft operator is ultimately responsible for compliance with the
rule. PHMSA and FAA solicit input on best practice arrangements during
re-accommodation situations for inclusion in a future FAA advisory
circular on passenger notification.
Q7. In a bulk purchase or charter situation, would a single
individual responding on behalf of their party be acceptable for
compliance with Sec. 175.25(b) and (c)? Would such an acknowledgement
be acceptable for military charters as well?
A7. Both Sec. 175.25(b) and (c) allow for acknowledgement by a
person acting on the passenger's behalf. While this allows for
acknowledgement by a single individual, PHMSA and FAA solicit input on
best practices for notification of passengers in bulk purchase, charter
flight, or similar situations for inclusion in a future FAA advisory
circular.
Q8. Is the actual language in Sec. 175.25(a)(1) and (2) required
in all cases? If so, how does a carrier provide notice of additional
materials forbidden beyond those covered in the general language? The
ICAO Technical Instructions do not require specific language but
instead require the carrier
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to develop their own language and format.
A8. The information provided in Sec. 175.25(a)(1) and (2) is
required, but the specific wording used in the HMR is not required.
Further, no part of Sec. 175.25 is intended to prevent aircraft
operators or other individuals from providing additional information to
passengers regarding the safe transport of hazardous materials. The FAA
and PHMSA solicit input on best practices for conveying hazardous
materials safety information, including the information provided in
Sec. 175.25(a)(1) and (2), for inclusion in a future FAA advisory
circular on passenger notification.
Q9. This rule applies to 14 CFR 129 foreign carriers that operate
from the U.S. Currently, there are 14 types of hazmat listed in the
ICAO Technical Instructions, at 8;1.1, as ``permitted with the approval
of the operator.'' Thus, there may be considerable differences between
each U.S. and foreign airline as to what is ``permitted or forbidden''
by each operator. Note that the ICAO Technical Instructions, at 8;1.1.3
and 8;1.1.4, do not require the types ``permitted'' either--only the
types of hazmat ``forbidden'' needs to be communicated. If a passenger
checks-in with a foreign carrier and then transfers to a domestic
carrier, does the original check in notification satisfy the passenger
notification for the domestic leg as well?
A9. The aircraft operator may meet their obligations by relying on
notifications provided to the passenger by a third party, but the
aircraft operator is ultimately responsible for compliance with the
rule. The FAA and PHMSA solicit input on best practice arrangements
between foreign and domestic air carriers for inclusion in a future FAA
advisory circular on passenger notification.
Q10. In the case of remote check-in and boarding, where the
passenger checks in at a remote location and checks baggage as well,
such as a resort, cruise line, or military charter situations, does the
carrier have the responsibility to notify the passenger, or is the
resort, cruise line, or military branch responsible for notification?
Under these scenarios, a non-carrier operation performs the check-in
function. Therefore, the carrier has limited or no contact with the
passenger during the check-in process. An example would include a
military charter originating from a U.S. military installation.
A10. The requirements of Sec. 175.25 apply to the aircraft
operator. The aircraft operator is responsible for ensuring that
passengers receive the notifications required by Sec. 175.25,
regardless of whether the passenger checks-in directly with the
aircraft operator or via a third party source. Although the aircraft
operator may meet its obligations by relying on notifications provided
to the passenger by a third party, but the aircraft operator is
ultimately responsible for compliance with the rule. PHMSA and FAA
solicit input on best practice arrangements between aircraft operators
and third party organizations for inclusion in a future FAA advisory
circular on passenger notification.
Q11. Lithium batteries have received a significant amount of
attention by regulatory and enforcement entities over the last 5 years.
Much of this attention is due to incidents involving such batteries,
including incidents occurring in passenger baggage. Yet, the current
language in Sec. 175.25 does not mention lithium batteries. Is it
acceptable for a carrier to develop independent language that conveys
the intent of the language in Sec. 175.25(a)(1) and (2) but varies in
content to address recent incidents or trends? May this language be
used as an alternative to the language contained in Sec. 175.25(a)? We
strongly believe the restrictive language indicated in Sec. 175.25 is
ineffective in communicating hazardous material dangers and
restrictions in passenger baggage to the traveling public.
A11. The information provided in Sec. 175.25(a)(1) and (2) is
required, but the specific wording used in the HMR is not. Further, no
part of Sec. 175.25 is intended to prevent aircraft operators or other
individuals from providing additional information to passengers
regarding the safe transport of hazardous materials. The FAA fully
supports inclusion of information regarding lithium battery hazards in
passenger notifications. The FAA and PHMSA solicit input on best
practices for conveying hazardous materials safety information,
including the information provided in Sec. 175.25(a)(1) and (2), for
inclusion in a future FAA advisory circular on passenger notification.
Issued in Washington, DC, on July 17, 2012.
Christopher Glasow,
Director, FAA Office of Hazardous Materials Safety.
[FR Doc. 2012-17850 Filed 7-20-12; 8:45 am]
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